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Tuesday, May 5, 2015

Henry Beasley-knowing your rights

Dear Brothers and Sisters,

In the current Labor Press our paid representative printed a
response to my video, that talked about the need for clarification of
something that is told to new members to our Union during their first
orientation (or first contact with our union or their first stint with a
unionized job), that “they do not have representation until the end of
probation.”

In the current Labor Press our paid representative printed a
response he had stated, “I would like to begin by welcoming all new
members at all of our locations. We continue to see new hires across all
locations. One thing that I continue to stress at new hire orientations
is the fact that you are entitled to have a union officer present at
any meeting you are called in for with management. You are also entitled
to receive guidance from the union while on probation. Please remember
that you can always come and talk with me or ANY union officer if you
have any question pertaining to benefits, or the contract, or any
questions at all. I would also like to encourage you to talk with your
co-workers and union reps to educate yourself, with the union’s help, on
what the union can do for you.”

I have talked to numerous members and asked them the same question (as I
stated in the video) and they continue to say the same theme (“they do
not have representation until the end of probation.”). I stated in the
video that this is simply not true, but let me clarify something that
our paid representative misstated; you do not have the right to a
representative at “ANY” MEETING WITH MANAGEMENT.

In the video, my point
was that there needed to be a front line (stewards, liaisons or
executive board) to help members when they have needs, such as report
writing, workplace safety issues and any advice that will help the
member succeed through their probation and until they retire.

In the video I talked about the Weingarten Rights which needs to be
explained so that members do not have a false sense of security when
they encounter problems in the workplace. The Weingarten Rights started
almost twenty years ago when a counter clerk who worked for a J.
Weingarten store in Houston, Texas, was questioned by her Employer for
alleged theft. Although she was cleared in the investigation, she had
been denied, after several requests, the presence of her Shop Steward
during the questioning.

The Union representing her filed an unfair labor
practice after the incident and, in 1975, the Supreme Court ruled in
the Union's favor. An important new right for workers emerged from this
decision: An employee may be represented by the Union at an
investigatory interview with his/her employer when the employee
reasonably believes that the interview may lead to disciplinary action.

The key phrase is “investigatory” meaning, “If your employer is
conducting an investigatory or fact-finding (asking questions) meeting
with the employee, the member can then evoke this right” and have
council there to provide limited help during the probationary period.

Lastly, printing the Weingarten Rights on a card and handing it to new
members does not help them feel that the union is on their side until
the end of probation, which needs to stop. New members are “full”
members of our union, when they pay their initiation fee and should be
welcomed to the unionized experience and benefits that are provided by
the union. It’s not what you can do for the union, but what can our
Union do for you.
Henry Beasley
Your brother on the front lines.
Union Strong.